Loewenherz v. Merchants & Mechanics Bank
Supreme Court of Georgia
Claim. Before L. C. Slade, judge pro hac vice. Muscogee superior court. August 12, 1914. A fi. fa. in favor of Merchants and Mechanics Bank against H. M. Mooty was levied upon certain real estate in the City of Columbus, as the property of the defendant in fi. fa.; and Leo Loewenherz interposed his claim, to the property.' When the case came on for trial the plaintiff tendered issue, and set up specifically certain grounds upon which it claimed the property was subject.
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Claim. Before L. C. Slade, judge pro hac vice. Muscogee superior court. August 12, 1914. A fi. fa. in favor of Merchants and Mechanics Bank against H. M. Mooty was levied upon certain real estate in the City of Columbus, as the property of the defendant in fi. fa.; and Leo Loewenherz interposed his claim, to the property.' When the case came on for trial the plaintiff tendered issue, and set up specifically certain grounds upon which it claimed the property was subject. They were in substance as follows: First, that while the defendant in fi. fa. had.executed a deed of conveyance to the…
1Concurrence
Evans, P. J., and Hill, J.,
specially concurring in the judgment. A conveyance of land encumbered by a security deed operates only on the grantor’s equity of redemption; and if such grantor be insolvent, his conveyance of the land (the Value of which is in excess of the encumbrance) on condition that the purchaser will pay the encumbrance is without consideration and void as against creditors. Webb v. Atkinson, 124 N. C. 447; Randall v. Vroom, 30 N. J., Eq. 353; 1 Moore on Fraud. Con. 308. The charge of the court is in substantial accord with the foregoing proposition, which we believe states…
2Cases cited1 opinion
- Webb v. AtkinsonSupreme Court of North Carolina · 1899